Claire's research interests lie broadly in the areas of maternal and reproductive rights, and mental health and capacity law. She was the Principal Investigator on the Wellcome Trust funded ELPIN Project (Ethics, Law and Pregnancy in Ireland Network) and is the Principal Investigator on the IRC New Foundations funded CPAC Project (Conscientious Provision of Abortion Care in Ireland: The Role of Law). She is also a collaborator on the PLACES Project (Pregnancy Loss in Workplaces: Informing policymakers on support mechanisms) led by Professor Keelin O'Donoghue and funded by the Department of Children, Equality, Disability, Integration and Youth.
My current research focuses on mental health and capacity law, and maternal and reproductive rights. I am particularly interested in the role of capacity in respecting decision-making in the context of pregnancy and childbirth, and in considering how best to achieve supported decision-making in this context. I contributed a chapter on this to the edited collection Women's Birthing Bodies: Unauthorised Intimate Examinations, Power and Vulnerability (Hart, 2020). I was the Principal Investigator for the Wellcome Trust funded ELPIN project. I am currently the Principal Investigator on the IRC funded CPAC project investigating the experiences of clinicians providing early medical abortion in Ireland and a member of the research team on the PLACES Project which was commissioned to examine the workplace experiences of people coping with pregnancy loss and to establish whether policy interventions are required in the workplace to better support people following pregnancy loss. I am also interested in raising questions and developing thinking around the gendered impacts of mental health frameworks and applying feminist theories of law (in particular relationality) in the context of mental health and capacity law. I am available to supervise doctoral research in the areas of mental health and capacity law, and maternal and reproductive rights.
My previous research considered the role of carers and families within the mental health system in Ireland and the role of the State in supporting people in these positions. This work draws on feminist theories of the situated subject and engages with the concept of vulnerability as an inherent human characteristic. I jointly edited a collection of essays entitled Ethical and Legal Debates in Irish Healthcare: Confronting Complexities, published by Manchester University Press in 2016, and I contributed a chapter to this collection on carers in mental health law. I was also involved in the Northern/Irish Feminist Judgments Project, rewriting key judgments from a feminist perspective. I provided the commentary for the feminist judgment, written by Prof. Mary Donnelly, in PM v St. Vincent’s Hospital. This is available in Irish Feminist Judgments: Judges' Troubles and the Gendered Politics of Identity (Hart Publishing, 2017).
In support of my research I have secured funding from the following sources: the IRC New Foundations awards; the Wellcome Trust; UCC Strategic Research Fund; UCC College of Business and Law Research Excellence Fund (Conference); UCC College of Business and Law Research Excellence Fund (Publication); UCC College of Business and Law Research Strategic Development Fund; UCC College of Business and Law Distinguished Speakers Fund; UCC Head of Law Strategic Fund.
Biography
Claire Murray is a graduate of University College Cork (BCL, 2004; PhD, 2010; MA, 2013) and King's Inns (BL, 2008). She was awarded an IRCHSS Government of Ireland Scholarship to fund her PhD research and completed her thesis, "Feminism, Rights and Mental Health Law: Analysing the Contribution of Feminist Theories of Rights to Irish Mental Health Law", in 2009. She joined the Law School in 2010 having previously practiced as a barrister and worked as the principal legal researcher on the Law Reform Commission's project on Legal Aspects of Family Relationships. She was a Visiting Scholar at the Feminism and Legal Theory Project, School of Law, Emory University, Atlanta, Georgia in 2012; at the Centre for Gender, Law and Sexuality at Kent Law School in 2013; and at the Faculty of Law, University of Toronto, in 2018. From May 2023 to April 2024 she was the Interim Director of the University Equality, Diversity and Inclusion Unit.Claire's research interests lie broadly in the areas of maternal and reproductive rights, and mental health and capacity law. She was the Principal Investigator on the Wellcome Trust funded ELPIN Project (Ethics, Law and Pregnancy in Ireland Network) and is the Principal Investigator on the IRC New Foundations funded CPAC Project (Conscientious Provision of Abortion Care in Ireland: The Role of Law). She is also a collaborator on the PLACES Project (Pregnancy Loss in Workplaces: Informing policymakers on support mechanisms) led by Professor Keelin O'Donoghue and funded by the Department of Children, Equality, Disability, Integration and Youth.
Research Interests
My current research focuses on mental health and capacity law, and maternal and reproductive rights. I am particularly interested in the role of capacity in respecting decision-making in the context of pregnancy and childbirth, and in considering how best to achieve supported decision-making in this context. I contributed a chapter on this to the edited collection Women's Birthing Bodies: Unauthorised Intimate Examinations, Power and Vulnerability (Hart, 2020). I was the Principal Investigator for the Wellcome Trust funded ELPIN project. I am currently the Principal Investigator on the IRC funded CPAC project investigating the experiences of clinicians providing early medical abortion in Ireland and a member of the research team on the PLACES Project which was commissioned to examine the workplace experiences of people coping with pregnancy loss and to establish whether policy interventions are required in the workplace to better support people following pregnancy loss. I am also interested in raising questions and developing thinking around the gendered impacts of mental health frameworks and applying feminist theories of law (in particular relationality) in the context of mental health and capacity law. I am available to supervise doctoral research in the areas of mental health and capacity law, and maternal and reproductive rights.
My previous research considered the role of carers and families within the mental health system in Ireland and the role of the State in supporting people in these positions. This work draws on feminist theories of the situated subject and engages with the concept of vulnerability as an inherent human characteristic. I jointly edited a collection of essays entitled Ethical and Legal Debates in Irish Healthcare: Confronting Complexities, published by Manchester University Press in 2016, and I contributed a chapter to this collection on carers in mental health law. I was also involved in the Northern/Irish Feminist Judgments Project, rewriting key judgments from a feminist perspective. I provided the commentary for the feminist judgment, written by Prof. Mary Donnelly, in PM v St. Vincent’s Hospital. This is available in Irish Feminist Judgments: Judges' Troubles and the Gendered Politics of Identity (Hart Publishing, 2017).
In support of my research I have secured funding from the following sources: the IRC New Foundations awards; the Wellcome Trust; UCC Strategic Research Fund; UCC College of Business and Law Research Excellence Fund (Conference); UCC College of Business and Law Research Excellence Fund (Publication); UCC College of Business and Law Research Strategic Development Fund; UCC College of Business and Law Distinguished Speakers Fund; UCC Head of Law Strategic Fund.
Publications
Working Paper
| Year | Publication | |
|---|---|---|
| (2023) | Early Medical Abortion Care in Ireland: Conscientious Provision and the Role of Law. Claire Murray and Mary Donnelly (2023) Early Medical Abortion Care in Ireland: Conscientious Provision and the Role of Law. Working Paper [Details] |
Peer Reviewed Journals
| Year | Publication | |
|---|---|---|
| (2024) | 'Choosing to Provide: Early Medical Abortion and Clinician Conscience in Ireland' Donnelly M;Murray C; (2024) 'Choosing to Provide: Early Medical Abortion and Clinician Conscience in Ireland'. Health care analysis : HCA : journal of health philosophy and policy, [DOI] [Details] | |
| (2024) | 'Statutory Leave for early pregnancy loss; A comparative study' Ruadh Kelly-Harrington, Claire Murray, Marita Hennessy, Sara Leitao, Maeve O'Sullivan, Caroline Dalton-O'Connor, Daniel Nuzum, Keelin O'Donoghue, Mary Donnelly (2024) 'Statutory Leave for early pregnancy loss; A comparative study'. European Labour Law Journal, [DOI] [Details] | |
| (2019) | 'Abortion care in Ireland: Developing legal and ethical frameworks for conscientious provision' Donnelly, Mary; Murray, Claire (2019) 'Abortion care in Ireland: Developing legal and ethical frameworks for conscientious provision'. International Journal Of Gynecology &Amp; Obstetrics, [DOI] [Full Text] [Details] | |
| (2016) | 'The Protection of Life During Pregnancy Act 2013: Suicide, dignity and the Irish discourse on abortion' Claire Murray (2016) 'The Protection of Life During Pregnancy Act 2013: Suicide, dignity and the Irish discourse on abortion'. Social and Legal Studies: An International Journal, 25 (6):667-698 [Full Text] [Details] | |
| (2016) | 'Regulating Abortion: Dissensus and the Politics of Rights' Mullally, Siobhán; Murray, Claire (2016) 'Regulating Abortion: Dissensus and the Politics of Rights'. Social and Legal Studies: An International Journal, 25 (6):645-650 [Details] | |
| (2013) | 'The role of family in mental health law: a framework for transformation' Donnelly, Mary; Murray, Claire (2013) 'The role of family in mental health law: a framework for transformation'. Child and Family Law Quarterly, 25 (4):380-405 [Full Text] [Details] | |
| (2013) | 'Recent developments in Irish law on guardianship in the context of surrogacy arrangements' Claire Murray (2013) 'Recent developments in Irish law on guardianship in the context of surrogacy arrangements'. International Family Law, 2013 (3) [Details] | |
| (2013) | 'Moving towards rights-based mental health law: the limits of legislative reform' Murray, Claire (2013) 'Moving towards rights-based mental health law: the limits of legislative reform'. Irish Jurist, 49 :161-181 [Full Text] [Details] | |
| (2012) | 'Statutory declarations agreeing guardianship in Ireland' Claire Murray (2012) 'Statutory declarations agreeing guardianship in Ireland'. International Family Law, :438-440 [Details] | |
| (2012) | 'Recognising the modern family: extending legislative guardianship rights in Ireland' Claire Murray (2012) 'Recognising the modern family: extending legislative guardianship rights in Ireland'. Irish Journal of Family Law, 15 (2):39-48 [Details] | |
| (2012) | 'Unpaid Carers: An Invisible Presence in Irish Health and Care Law' Mary Donnelly and Claire Murray (2012) 'Unpaid Carers: An Invisible Presence in Irish Health and Care Law'. Medico-Legal Journal of Ireland, 18 (1):6-12 [Details] | |
| (2011) | 'The Role of the Mental Health Commission in Irish Mental Health Law: Interrogating the Effectiveness of the Statutory Functions of the Commission' Claire Murray; (2011) 'The Role of the Mental Health Commission in Irish Mental Health Law: Interrogating the Effectiveness of the Statutory Functions of the Commission'. Medico-Legal Journal of Ireland, 17 (2):93-104 [Details] | |
| (2010) | 'Reinforcing paternalism within Irish mental health law - Contrasting the decisions in EH v St Vincent's Hospital and Others and SM v the Mental Health Commission and Others' Claire Murray; (2010) 'Reinforcing paternalism within Irish mental health law - Contrasting the decisions in EH v St Vincent's Hospital and Others and SM v the Mental Health Commission and Others'. Dublin University Law Journal, 32 :273-290 [Details] | |
| (2007) | 'Safeguarding the Right to Liberty of Incapable Compliant Patients with a Mental Disorder in Ireland' Claire Murray; (2007) 'Safeguarding the Right to Liberty of Incapable Compliant Patients with a Mental Disorder in Ireland'. Dublin University Law Journal, 29 :279-311 [Details] |
Book Chapters
| Year | Publication | |
|---|---|---|
| (2020) | 'Troubling Consent: Pain and Pressure in Labour and Childbirth' Claire Murray (2020) 'Troubling Consent: Pain and Pressure in Labour and Childbirth' In: Camilla Pickles and Jonathan Herring (eds). Women's Birthing Bodies: Unauthorised Intimate Examinations, Power and Vulnerability. Oxford: Hart. [DOI] [Details] | |
| (2017) | 'PM, Applicant v the Board of Management of St Vincent’s Hospital and Justin Geoghegan and the Attorney General, Respondents' Murray, Claire; Donnelly, Mary (2017) 'PM, Applicant v the Board of Management of St Vincent’s Hospital and Justin Geoghegan and the Attorney General, Respondents' In: Enright, Máiréad; McCandless, Julie; O'Donoghue, Aoife (eds). Northern/Irish Feminist Judgments: Judges' Troubles and the Gendered Politics of Identity. London: Bloomsbury Publishing. [Full Text] [Details] | |
| (2016) | 'Why care about carers?' Murray, Claire (2016) 'Why care about carers?' In: Ethical and Legal Debates in Irish Healthcare: Confronting Complexities. Manchester: Manchester University Press. [Full Text] [Details] |
Edited Books
| Year | Publication | |
|---|---|---|
| (2016) | Ethical and Legal Debates in Irish Healthcare: Confronting Complexities Mary Donnelly and Claire Murray (Ed.). (2016) Ethical and Legal Debates in Irish Healthcare: Confronting Complexities Ethical and Legal Debates in Irish Healthcare: Confronting Complexities. Manchester: Manchester University Press. [Details] |
Electronic Journals
| Year | Publication | |
|---|---|---|
| (2015) | Abortion Law Reform in Ireland - A Model for Change. Enright, M., Conway, V., de Londras, F., Donnelly, M., Fletcher, R., McDonnell, N., McGuinness, S., Murray, C., Ring, S., ui Chonnachtaigh, S. (2015) Abortion Law Reform in Ireland - A Model for Change. Kent Law School: Electronic Journals [Details] |
Professional Activities
Conference Contributions
| Year | Publication | |
|---|---|---|
| (2021) | Pregnancy and Birth in the Court of Protection, Claire Murray (2021) Disability, capacity and pregnancy in Ireland. [Invited Lectures (Workshops)], Pregnancy and Birth in the Court of Protection, Online , 18-JUN-21 - 18-JUN-21. [Details] | |
| (2021) | Northern Network for Medical Humanities 4th Annual Congress, Claire Murray (2021) Abortion and Reproductive Choice: supporting decision-making in pregnancy. [Invited Lectures (Conference)], Northern Network for Medical Humanities 4th Annual Congress, Durham , 23-APR-21 - 23-APR-21. [Details] | |
| (2018) | Socio-Legal Studies Association Annual Conference, Claire Murray (2018) Women's Agency in Pregnancy: The far reaching consequences of the Irish Constitution. [Oral Presentation], Socio-Legal Studies Association Annual Conference, Bristol University , 27-MAR-18 - 27-MAR-18. [Details] | |
| (2018) | Law and Society Association Annual Meeting, Claire Murray (2018) “Asking the woman question”: Re-engaging feminist theory and contemporary Irish mental health and capacity law. [Oral Presentation], Law and Society Association Annual Meeting, Toronto , 10-JUN-18 - 10-JUN-18. [Details] | |
| (2015) | Northern/Irish Feminist Judgments Project - The Embodied Subject, Mary Donnelly and Claire Murray (2015) Drafting Workshop. [Invited Lectures (Workshops)], Northern/Irish Feminist Judgments Project - The Embodied Subject, Griffith College Dublin . [Details] | |
| (2015) | Rights in Conflict: Socio-Legal and Critical Approaches to Human Rights, Claire Murray (2015) PhD Symposium. [Conference Organising Committee Member], Rights in Conflict: Socio-Legal and Critical Approaches to Human Rights, UCC , 08-JUN-15 - 09-JUN-15. [Details] | |
| (2015) | Northern/Irish Feminist Judgments Project - The Mothering Subject, Claire Murray (2015) Drafting Workshop. [Conference Organising Committee Member], Northern/Irish Feminist Judgments Project - The Mothering Subject, UCC . [Details] | |
| (2014) | CCJHR Annual Distinguished Lecture, Claire Murray (2014) 20th Century Law: 21st Century Problems. [Conference Organising Committee Member], CCJHR Annual Distinguished Lecture, University College Cork . [Details] | |
| (2014) | Justice and Dignity under Challenge, Claire Murray (2014) Annual CCJHR Postgraduate Conference. [Conference Organising Committee Member], Justice and Dignity under Challenge, University College Cork . [Details] | |
| (2014) | Emerging Issues in Irish Health and Care Law, Claire Murray (2014) Carers in Irish Mental Health Law. [Oral Presentation], Emerging Issues in Irish Health and Care Law, UCC . [Details] | |
| (2014) | Marriage Equality, Relationship Recognition and Non-Discrimination: Securing Equality and Rights?, Claire Murray (2014) IRC funded international conference. [Conference Organising Committee Member], Marriage Equality, Relationship Recognition and Non-Discrimination: Securing Equality and Rights?, University College Cork . [Details] | |
| (2013) | Reforming Abortion Law: Comparative Perspectives, Claire Murray (2013) The narrative of the hysterical woman: the discourse on the inclusion of suicide in the Irish legislation on abortion. [Oral Presentation], Reforming Abortion Law: Comparative Perspectives, University College Cork , 22-MAR-13 - 22-MAR-13. [Details] | |
| (2013) | Mapping a Pathway: addressing risk, detention and status in the Mental Health Act 2001, Claire Murray (2013) Protections for voluntary and involuntary patients: the existing framework in Ireland. [Invited Oral Presentation], Mapping a Pathway: addressing risk, detention and status in the Mental Health Act 2001, Dublin, Ireland , 01-MAR-13 - 01-MAR-13. [Details] | |
| (2012) | Dear Minister: Proposals for the Reform of Child Law in Ireland, Claire Murray (2012) Modernising the Law of Guardianship in Ireland. [Oral Presentation], Dear Minister: Proposals for the Reform of Child Law in Ireland, University College Cork, Ireland , 08-MAR-12 - 08-MAR-12. [Details] | |
| (2012) | Irish Society of Comparative Law Annual Conference, Claire Murray (2012) Recognising the Modern Family: Comparative Perspectives on Extending Guardianship to Non-Biological Parents. [Oral Presentation], Irish Society of Comparative Law Annual Conference, University College Cork, Ireland , 02-MAR-12 - 03-MAR-12. [Details] | |
| (2011) | Irish Society of Comparative Law Annual Conference, Claire Murray; (2011) The need for more than legislative reform: a comparative perspective on the difficulties associated with moving from a paternalistic to a rights-based model of mental health law. [Oral Presentation], Irish Society of Comparative Law Annual Conference, Dublin , 29-APR-11 - 30-APR-11. [Details] | |
| (2011) | Socio-Legal Studies Association Annual Conference, Claire Murray; (2011) Feminist theories of rights - boundaries in mental health law. [Oral Presentation], Socio-Legal Studies Association Annual Conference, University of Sussex, Brighton , 13-APR-11 - 13-APR-11. [Details] | |
| (2007) | Law and Society Annual Conference, Claire Murray; (2007) Explorations of Gender Issues in the Irish Mental Health System. [Oral Presentation], Law and Society Annual Conference, Berlin , 07-JAN-07 - 07-JAN-07. [Details] | |
| (2007) | University College Cork Postgraduate Conference on Criminal Justice and Human Rights, Claire Murray; (2007) Safeguarding the Rights of Incapable Compliant Patients in Irish Mental Health Law- Exploring the Significance of Gender. [Oral Presentation], University College Cork Postgraduate Conference on Criminal Justice and Human Rights, UCC , 05-JAN-07 - 05-JAN-07. [Details] | |
| (2006) | Society of Legal Scholars, Claire Murray; (2006) Gender Issues in the Application of Mental Health Legislation: A Study of the Irish Mental Health Act 2001. [Oral Presentation], Society of Legal Scholars, Keele University, UK , 09-JAN-06 - 09-JAN-06. [Details] | |
| (2006) | Socio-Legal Scholars Association, Claire Murray; (2006) The Mental Health Act 2001- Unravelling the Mental Health Statistics. [Oral Presentation], Socio-Legal Scholars Association, Stirling, Scotland , 04-JAN-06 - 04-JAN-06. [Details] | |
| (2005) | If I Knew Then What I Know Now: A Women¿s Studies Postgraduate Forum, Claire Murray; (2005) Uncovering the Gender Issues in the Irish Mental Health System. [Oral Presentation], If I Knew Then What I Know Now: A Women¿s Studies Postgraduate Forum, UCC , 05-JAN-05 - 05-JAN-05. [Details] |
Committees
| Committee | Function | From / To | |
|---|---|---|---|
| Academic Council | Member | / | |
| University Social Research Ethics Committee | Member | / | |
| College EDI Committee | Member | / | |
| College of Business and Law Curriculum Committee | Deputy Chair | / | |
| School of Law Athena SWAN SAT | Co-Chair | 2024 / 2024 | |
| Law School EDI Committee | Committee member | / | |
| Law School Postgraduate Committee | Member | / | |
| Law School International Committee | Chair | / | |
| Law School Teaching and Learning Committee | Member | / |
Honours and Awards
| Year | Title | Awarding Body | |
|---|---|---|---|
| 2015 | President's Award for Excellence in Teaching | University College Cork | |
| 2018 | Visiting Scholar | Faculty of Law, University of Toronto | |
| 2013 | Visiting Scholar | Centre for Gender, Law and Sexuality at Kent Law School | |
| 2012 | Visiting Scholar | Feminism and Legal Theory Project, Law School, Emory University, Atlanta, Georgia | |
| 2004 | Government of Ireland Scholar | Irish Research Council for the Humanities and Social Sciences | |
| 2004 | College Scholar | University College Cork | |
| 2003 | College Scholar | University College Cork |
Employment
| Employer | Position | From / To | |
|---|---|---|---|
| Law Reform Commission | Full-time Legal Researcher | 01-SEP-08 / 01-SEP-09 | |
| University College Cork | Lecturer | 13-SEP-10 / | |
| University College Cork | Part-time Lecturer and Tutor | 02-OCT-05 / 07-OCT-07 |
Education
| Year | Institution | Qualification | Subject | |
|---|---|---|---|---|
| 2013 | University College Cork | MA | Teaching and Learning in Higher Education | |
| 2012 | University College Cork | Postgraduate Diploma in Teaching and Learning in Higher Education | Teaching and Learning | |
| 2011 | University College Cork | Postgraduate Certificate in Teaching and Learning in Higher Ed. | Teaching and Learning | |
| 2010 | University College Cork | PHD | Law | |
| 2008 | Kings Inns | Barrister at Law | Law | |
| 2004 | University College Cork | BCL | Law |
Journal Activities
| Journal | Role | To / From | |
|---|---|---|---|
| Oxford Journal Of Legal Studies | Peer Reviewer | - | |
| Social And Legal Studies: An International Journal | Guest Editor | - | |
| Journal Of Law And Society | Peer Reviewer | - | |
| International Journal Of Mental Health And Capacity Law | Peer Reviewer | - | |
| Irish Journal Of Sociology | Peer Reviewer | - |
Other Activities
| Description | |
|---|---|
I was the principal legal researcher on the Law Reform Commission's Consultation Paper and Report on Legal Aspects of Family Relationships. |